HomeMy WebLinkAboutNola Subdivision PFPRECEIVED
MAR 10 2005
City Of Meridian
City Clerk Office
fIII\iY I Old WnW1U810
PLANNING AND ZONING COMMISSION HEARING
Date of Recommendation: March 10, 2005
Project Name: Nola Subdivision
Case No(s): PFP-04-008
Applicant: Anderson/Lockwood Foundation
P&Z Commission Hearing Date: December 2, 2004; January 6, 2005; February 3, 2005
A. Recommendation: Approve (all Ayes)
B. Summary of Public Hearing:
1. The applicant's representative, Angie Commish, testified in favor of the application.
2. The Planning & Zoning Commission heard and took oral and written testimony, as
reflected in the Clerk's record and the minutes and duly considered the evidence and
the record in this matter.
3. Staff presenting application: Josh Wilson presented the application.
C. Key Issues of Discussion by Commission:
1. Easement for possible future pedestrian multi -use pathway.
2. Requirements of ACHD regarding the East Pine Avenue and Locust Grove Road
intersection
D. Key Commission Changes to Staff Recommendation:
Change Site Specific Condition #6 to read: "Applicant is to execute a blanket easement
provide a permanent pedestrian easement in favor of the City of Meridian on the
subject property in the future of sufficient width to cover a ten foot wide pathway along
Locust Grove Road and East Pine Avenue."
E. Draft Findings for Preliminary Plat Approval
Exhibit A- Legal Description
Exhibit B- Preliminary Plat
Exhibit C- Conditions of Approval
Exhibit D- Required Findings
EXHIBIT A
Nola Subdivision
PFP-04-008
Legal Description
UNLIMITED BOUNDARIES, INC. DBA
B L Bergey Land Surveying
`$ 1103 W. Main St.
Imo• Middleton, ID 83644
DESCRIPTION FOR
ANDERSON/LOCEWOOD FOUNDATION
NOLA SUBDIVISION
A PORTION OF THE NWI/4SW1/4
SECTION 8, T.3N., R.1E., E.N.,
ADA COUNTY, IDAHO
Watt Neitz, PLS
Doug Bergey, PLS
Phone: 208.585.5858
Fax: 208.585.9001
BLOCK 1., being a parcel. of land as shown on Record of
Survey lic. 5037, Instrument Number 100054857, of Ln, -
official
heofficial. records of Ada County, Idaho, and lying in the
NW114SWI/4 of Section 8, T.3N., RIE., B.M., Ada County,
Idaho, and being more particularly described as follows:
Commencing at the Northwest Corner of said NW1/4SW1/.4 of
Section 8; thence, S89054'09"E, 60.00 feet, along the
northerly boundary line of said SW1/4 of Section 8, to the
POINT OF BEGINNING:
^hence, continuing along said northerly boundary lin:,
S99°54'09"E, 547.35 feet, to a point„
Thence, departing said northerly boundary line,
S00°27'51"W, 686.04 feet, to an iron pin,
Thence, N68030100"W, 547.20 feet, to an iror. pin,
Thence, N00°26'40"E; 672.64 feet, to the POINT OF
BEGINNING, of said. Block 1, comprising 8.53 acres,
more or less.
SUBJECT TO: Any easements or reservations of record or
appearing on the above described parcel of land.
EXHIBIT B
Nola Subdivision
PFP-04-008
Preliminary Plat
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EXHIBIT C
Nola Subdivision
PFP-04-008
Conditions of Approval
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT/FINAL PLAT)
1. Make the following modifications to the final plat prior to recordation:
a. The 25 -foot landscape easement along Locust Grove Road shall be extended
to the southern boundary of Lot 4.
b. The 10 -foot landscape easement along Nola Road shall be extended to the
southern boundary of Lot 4.
c. Provide a note granting cross -access to Lots 1, 2, and 3 to utilize the new
drive access to East Pine Avenue.
d. Modify note #6 to include the extended landscape easements on Lot 4.
2. The applicant shall revise the Landscape Plan, dated 1/18/05 by Beck and Baird, and
submit 10 copies of the revised plan to the City Clerk's office at least 10 days prior to
the City Council hearing. The Landscape Plan shows a conifer placed within the
street buffer along Locust Grove Road near the property line between Lots 1 and 4,
which is prohibited by Meridian City Code 12-13-7-2. The conifer shall be removed
from the landscape plan or placed in a location which complies with MCC 12-13-7-2.
The Landscape Plan shall also be revise to show the four (4) additional trees required
in the street buffer along Nola Road.
3. The applicant shall submit CCR's that detail the responsibilities for the maintenance
of the landscaping and common parking and drainage areas for the subdivision prior
to the City Council hearing.
4. Water service to this site shall be via service line extensions from the existing mains
adjacent to the property. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
5. Sanitary sewer service to this site will be via main line extensions to an existing main
adjacent to the property. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
6. Applicant is to execute a blanket easement provide a permanent pedestrian easement
in favor of the City of Meridian on the subject property in the future of sufficient
width to cover a ten foot wide pathway along Locust Grove Road and East Pine
Avenue.
7. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
8. Revise or add the following notes on the face of the plat:
(5.) "Building setbacks and dimensional standards in this subdivision shall be in
compliance with Title 11 and Title 12 of the Meridian Citv Code unless
otherwise modifzed by Conditional Use Permit (CUP -04-025) which
allowed for reduced lot sizes and lot frontages. "
(6.) "Re -word responsibility lies with the business owner's association. "
(12.) "The owner of each lot across which passes an irrigation/drainage ditch or
pipe, is responsible for the maintenance thereof, unless such
responsibility has been assumed by an irrigation/drainage district. "
(13) "The bottom elevation of structural footings shall be set a minimum of 12 -
inches above the highest established normal groundwater elevation. "
9. Revise the Water Service Origin Statement in the Certificate of Owner's to simply
state "...The City of Meridian, W4er-Bepai4meii"
10. Please submit a copy of the Ada County Street Name Committee's "Final" letter for
the street names and lot & block numbering. Make all corrections necessary to
comply.
11. Other than the access point specifically approved on East Pine Avenue with this
application by ACHD, direct lot access to Locust Grove Road or East Pine Avenue is
prohibited.
12. Required landscape buffers/street improvements shall be made by the
developer/subdivider as part of the final plat.
13. Provide a recorded copy of the cross access agreement for Lots 1, 2, and 3 to utilize
the new drive access to East Pine Avenue.
GENERAL CONDITIONS (PRELIMINARY PLAT/FINAL PLAT)
1. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees
for those trees that are removed.
2. Submit compaction test results to the Meridian Building Department for any building
pads within lots receiving engineered backfill.
3. Underground year-round pressurized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant proposes connection to City
of Meridian water for irrigation. If a single -point connection is utilized, the developer
shall be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
4. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all
storms up to and including a 100 -year storm event. Side slopes within drainage areas
shall not exceed 3:1. The project engineer should pay close attention to the results of
field studies determining the groundwater, soil type & and characteristics during the
design and construction phases.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Install 250 -watt, high-pressure sodium streetlights at locations designated by the
Public Works Department. Street light contractor shall obtain an approved design
and permit from the Public Works Department prior to commencing installations.
7. Developer shall coordinate mailbox locations with the Meridian Post Office.
8. All proposed fencing must be in compliance with MCC 12-4-10.
9. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to
signature of the final plat(s), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided.
10. A note shall be placed on the final plat stating that unless otherwise approved, all
building setbacks shall meet the requirements of the zoning ordinance in effect at the
time of building permit submittal.
11. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
12. Plat approval shall be subject to the expiration provisions set forth in MCC.
13. Street signs are to be in place, water system shall be approved and activated,
pressurized irrigation system approved and activated, drainage lots constructed, and
road base approved by the Ada County Highway District prior to applying for
building permits. All development improvements shall be installed and approved
prior to obtaining certificates of occupancy. A letter of credit or cash surety in the
amount of 110% will be required for all fencing, pathways, landscaping, pressurized
irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
14. Complete the Certificate of Owners and accompanying Acknowledgment.
15. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
16. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
17. Staff's failure to cite specific ordinance provisions or terms of the approved
preliminary plat or final plat does not relieve Applicant of responsibility for
compliance.
OTHER AGENCUDEPARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT CONDITIONS
1. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on comers.
f Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal and external roadways.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. Commercial and office occupancies will require a fire -flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed
an average of 300' apart.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be bome by the developer.
8. All processes & storage practices shall be required to comply with the hiternational Fire
Code.
SANITARY SERVICE COMPANY
1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved
site plan from SSC.
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway must
connect from one major arterial to another, and either an easement or ownership deed
must be granted before the city will assume the maintenance of any section of
pathway.
3. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
4. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
NAMPA/MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on site there will be no impact on Nampa & Meridian
Irrigation District and no further review will be required. However, if any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land
Use Change Application be filed for review prior to final platting. Please contact
Donna Moore at 466-7861 for further information.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805
4. It is recommended that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. After written approvals from appropriate entities are submitted we can approve this
proposal for central sewage and central water.
2. The following plans must be submitted and approved by the Idaho Department of
Health and Welfare: central sewage and central water.
3. Run-off is not to create a mosquito breeding problem.
4. The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
ACHD CONDITIONS
enhancements). An annual survey will be required of the TMA/TMO to monitor participation in
alternative transportation programs and forwarded to the ACHD Commuteride Office.
5. Other Access
Pine Avenue is classified as a minor arterial. Other than the access specifically approved with this
application, no additional access points will be approved. A note of this access restriction shall be
placed on the final plat.
C. Special Notice to the City of Meridian
Lot 1 does not have a driveway access to Pine Avenue or to the future Locust Grove Road. Only one
driveway will be allowed on Pine Avenue for this development. The applicant should place a note on
the plat that would provide cross access among all of the lots and ensure that each lot can utilize the
one shared driveway on Pine Avenue.
D. Site Specific Conditions of Approval
Coordinate the additional right-of-way dedication with District staff for the southeast comer of the
intersection of Pine Avenue and Locust Grove Road. The right-of-way purchase and sale agreement
and deed must be completed and signed by the applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process the right-of4ay dedication
after receipt of all requested material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way If the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that firths (currently Ordinance #200), if funds are available.
2. Dedicate a total of 48 -feel of right-of-way from the centedlne of Pine Avenue abutting the parcel by
means of a warranty dead. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required permits), whichever occurs
first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested
material. The owner will be paid the fair market value of the right-of-way dedicated which is an
addition to existing ACHD right-of-way t the owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #193), If funds are available.
Provide a road trust to the District for the cost of the sidewalk abutting the site for Locust Grove Road
The approximate cost of the road trust would! be $12,600 ($20 a lineal foot, 630 -feet).
4. Construct a 5-fcot detached sidewalk on Pine Avenue abutting the site from the intersection of Pine
Avenue and Nola Road to a point 450 -feet west, as proposed. Submit a road trust to the District for
the portion of sidewalk proposed to NOT be constructed at this time (approximately 100 -feet). The
approximate cost of the road trust would be $2,000 ($20 a lineal loot, 100 -feel). The portion of the
sidewalk to be constructed shall be located a minimum of 41 -feet from the centerifne of Pine Avenue.
5. Construct vertical curb, gutter, and a 5 -foot concrete sidewalk abutting the site on Nola Road, as
proposed.
6. Construct one driveway an Pine Avenue located in alignment with the driveway on the north side of
Pine Avenue. This alignment will place the driveway approximately 3Wfeet east of the intersection
of Pine Avenue and Locust Grove Road (measured near edge to near edge). Construct the driveway
as a curb -return type driveway, 40 -Feel in width. The driveway shall be paved its full width and at
least 30 -feet into the site.
7. Close the existing shared driveway on Nola Road located 245 -feet south of the north property line
with matching roadway improvements (i.e. vertical curb, gutter, and sidewalk), if the driveway is
proposed to NOT be utilized.
8. Locate any new driveway on Nola Road a minimum of 504eet from the intersection of Pine Avenue
and Nola Road (measured near edge to near edge).
9. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the rightaf-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by Bre developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts In pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387.6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which Incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
a Payment of applicable road Impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It Is the responsibility of the applicant to verify all existing utilities within the rlghtof-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHO right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shah require the applicant to conpty, with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the lime the applicant or its sucoassos in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waivertvariance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
E. Conclusions of Law
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
EXHIBIT D
Nola Subdivision
PFP-04-008
Required Findings
PRELIMINARY PLAT FINDINGS
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A. The conformance of the subdivision with the Comprehensive Plan;
City Council finds the 2002 Comprehensive Plan Future Land Use Map
designates all of the subject property as "Industrial." The purpose of the Industrial
designation is "...to allow a range of industrial uses to support industrial and
commercial activities and to develop with sufficient urban services. In light
industrial areas, uses may include warehouses, storage units, light manufacturing,
and incidental retail and offices uses. Heavy industrial areas may include
processing, manufacturing, warehouses, storage units, and industrial support
activities. In all cases, standards for screening, landscaping, and adequate access
would be developed and implemented." (See Chapter VII, pg. 99.)
Staff finds that the proposed subdivision is in compliance with the
Comprehensive Plan.
B. The availability of public services to accommodate the proposed
development;
Locust Grove is currently included in ACHD's Five -Year Work Program (2007)
and Capital Improvements Plan (#80). Locust Grove is anticipated to be 5 lanes
from Franklin Road to Fairview Avenue with curb, gutter, sidewalk and bike
lanes within 96 -feet of right of way. The intersection of Locust Grove and Pine is
scheduled to be widened and signalized with that same project.
The subject site can be serviced by the City of Meridian's sanitary sewer and
water systems. Sanitary sewer and water mains would have to be extended into
the site by the developer from East Pine Avenue.
On November 12, 2004, a joint agency/department comments meeting was held
with representatives of key service providers to this property. The Meridian Fire
Department is supportive of the subdivision. The applicant should coordinate the
location and design of refuse container(s) with Sanitary Services Company (SSC).
Trash enclosures must be built in the location and to the size approved by SSC.
All dumpster(s) must be screened in accordance with MCC 11-12-1.C.
City Council finds that the property proposed for development can be serviced by
essential public facilities and services.
C. The continuity of the proposed development with the capital improvement
program;
City Council finds that the subdivision will not conflict with the capital
improvement program because the developer is required to install sewer, water,
utilities and irrigation, for the development at their cost.
D. The public financial capability of supporting services for the proposed
development;
The developer will be financing the extension of sewer, water, utilities and
irrigation services to serve the project. The primary public costs to serve the
future site will be fire and police services. City Council finds that this
development will not cause excessive additional requirements at public cost, if the
applicant complies with the conditions of approval for the and preliminary plat
application.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
ACHD considers road safety issues in their analysis; ACHD staff has approved
this subdivision, with conditions. There are no health, safety, or environmental
problems to bring to the Commission's attention
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Preliminary/Final Plat approval for four (4) commercial
building lots on 8.02 acres in an I -L zone for Nola Subdivision, by Anderson/Lockwood
Foundation.
Case No. PFP-04-008
For the City Council Hearing Date of. March 15, 2005
A. Findings of Fact
Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matters were duly considered by the City Council at the March 15, 2005, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
C. The Planning and Zoning Commission conducted public hearings and issued a
recommendation for approval to City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP -04-034 -PAGE I of 4
verified that the property owner of record at the time of issuance of these findings is
Anderson/Lockwood Foundation.
4. Required Findings per Zoning and Subdivision Ordinances
a. See Exhibit D for the findings required for the Preliminary/Final Plat application.
B. Conclusions of Law
The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated October 26, 2004 as shown in Exhibit B, and the Conditions of Approval in
Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated January 20, 2005 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP -04-034 - PAGE 2 of 4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the approval may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (1-20-05, with conditions)
Exhibit C: Preliminary/Final Plat Conditions of Approval (all agencies)
Exhibit D: Preliminary/Final Plat Findings
By action of the City Council at its regular meeting held on the
. 2004.
COUNCIL MEMBER SHAUN WARDLE VOTED
COUNCIL MEMBER CHRISTINE DONNELL VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP -04-034 - PAGE 3 of 4
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
0
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP -04-034 - PAGE 4 of 4